[HISTORY: Adopted by the Town Board of the Town of Tully 5-13-1991
by L.L. No. 2-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 100.
It is hereby declared to be the policy of the Town Board to prevent
unreasonable loud, disturbing and unnecessary noise and to reduce noise level
within the Town so as to preserve, protect and promote the public health,
safety and welfare and to foster convenience, peace and quiet within the Town
by the inhabitants thereof. The Town Board finds that every person is entitled
to have maintained noise levels which are not detrimental to life, health
and the enjoyment of property, and that excessive and unnecessary noise within
the Town of Tully affects and is a menace to public health, safety, welfare
and the comfort of the people of the Town.
For the purposes of this chapter, the terms used herein are defined
as follows:
The sound level in decibels, reported as measured by a sound-level-measuring
instrument having an A-weighting network which discriminates against the lower
frequencies according to a relationship approximating the auditory sensitivity
of the human ear. The level so read is designated dBA.
The practical unit of measurement for sound pressure level; the number
of decibels of a measured sound is equal to 20 times the logarithm to the
base 10 of the ratio of the sound pressure of the measured sound to the sound
pressure of a standard sound (20 micropascals); abbreviated dB.
Any building wherein there are two or more dwelling units.
Any sounds of such level and duration as to be or tend to be injurious
to human health or welfare or that would unreasonably interfere with the enjoyment
of life or property.
Either the imaginary line, including its vertical extension, that
separates one parcel of real property from another, or the vertical and horizontal
boundaries of a dwelling unit located within a multidwelling-unit building.
Any property used for human habitation.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
The sound pressure level measured in decibels with a sound-level
meter set for A-weighting; sound level is expressed in dBA.
An instrument for the measurement of noise and sound.
That which is not required by the usual circumstances.
The following sounds shall not be deemed a violation of this chapter:
A.
Sounds created by church bells or chimes.
B.
Sounds created by any government agency or by the use
of public warning devices.
C.
Sounds created by lawnmowers, manual and power tools
and household appliances in use between the hours of 8:00 a.m. and 8:00 p.m.
weekdays, and 9:00 a.m. and 8:00 p.m. Sundays.
D.
Sounds created by carbide cannons or poppers used by
a farmer having not less than 10 acres in crop cultivation during growing
season.
E.
Sounds created by public utilities in carrying out the
operation of their franchises.
F.
Sounds connected with sporting events of any public or
private school or authorized carnival, fair, exhibition, parade, etc., allowed
by permit of the Town Board. Noise will be reduced between the hours of 11:00
p.m. and 7:00 a.m.
G.
Sounds created by agricultural equipment under normal
operation.
A.
The following noises shall be prohibited:
(1)
Radio, phonograph or musical instruments. The operation
of any radio, phonograph, loudspeaker or use of any musical instrument in
such a manner or with such volume as to annoy or disturb the quiet, comfort
or repose of persons in any dwelling, apartment or other type of residence.
(2)
Animals and birds. Owning, possessing or harboring any
pet animal or pet bird that frequently or for continued duration makes sounds
that create a noise disturbance across a residential real property line. (For
the purpose of this section, a noise disturbance from a barking dog shall
be defined as that created by a dog barking continually for 10 minutes or
intermittently for 30 minutes unless provoked.) This subsection shall be enforced
by the Dog Control Officer, Zoning Enforcement Officer, or any peace officer
during regular business hours.
(3)
Automobile and other vehicles. The use of any automobile,
motorcycle, bus or vehicle so out of repair, so loaded or in such manner as
to create loud and unnecessary grating, grinding, rattling or other noise.
(4)
Exhaust of engines. The discharge into the open air of
the exhaust of any stationary internal-combustion engine or motor vehicle
engine, except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
(5)
Construction work. The erection, including excavation,
demolition, alternation or repair, of any building other than between 7:00
a.m. and 8:00 p.m., except in the case of urgent necessity in the interest
of public safety as determined by the Code Enforcement Officer or other applicable
laws in the Town of Tully.
(6)
Adjoining schools and churches. The creation of any excessive
noise on any street adjacent to a medical facility or any school, church,
institution of learning or court, while the same is in session, which unreasonably
interferes with the workings of such institutions, provided that conspicuous
signs are displayed in such streets indicating the location of such institutions.
(7)
Loading and unloading vehicles. The creation of a loud
and excessive noise in connection with loading or unloading any vehicle or
the opening and destruction of bales, boxes, crates and containers.
(8)
Loudspeaker or noisemaking device. The use of any drum,
loudspeaker or other instrument or device for the purpose of attracting attention
to any sale or display of merchandise by the creation of noise.
(9)
Horn or signal. The sounding of any horn or signal device
on any vehicle, motorcycle, bus or other device, except as a warning signal
pursuant to the provisions of § 15 of the Vehicle and Traffic Law
of the State of New York.
(10)
Projecting noises outside buildings. The use of any radio
apparatus, loudspeaker or amplifier attached thereto in such manner that the
loudspeaker shall cause the sound from such radio apparatus to be projected
directly therefrom outside of any building or out of doors; or the use of
any radio apparatus, loudspeaker or amplifier which is in any way fastened
to or connected with any outside wall or window in any building or structure
so that the sound therefrom is projected outside of such outside wall or window.
Nothing herein contained shall be construed to prevent the operation of a
radio apparatus used in a reasonable manner by any person within any building
or structure, provided that said radio apparatus or loudspeaker is not so
arranged that such loudspeaker shall project the sound therefrom directly
outside of any building or out of doors.
(11)
Noise in conduct of business. The creation of any unnecessary
noise in the operation, conduct and/or maintenance of any business, factory,
plant, yard or manufacturing establishment, including excavating, blasting
(where permitted), grinding, breaking, crushing or processing of any substance
or material.
(12)
Operation of mechanical devices.
(a)
No person shall operate or cause to be operated any mechanism,
device, or equipment including any engine, motor, amplifier, speaker, bell,
horn, drum, hoist, pump, fan, air-conditioning apparatus or similar mechanical
device in such a manner as to create a noise at the offender's property line
exceeding the following levels:
(b)
Readings on an appropriate instrument using the slow response
are valid readings for the purpose of this chapter. The readings will be valid
if the operator of the instrument, in his expert opinion, reads them as specific
decibel levels even though fluctuations above and below the readings exist.
(13)
Advertising sound device prohibitions. It shall be unlawful
for any person to use or operate, or cause to be used or operated, any sound
device or apparatus in, on, near or adjacent to any public street, park or
place for commercial or business advertising purposes or for any person to
operate or drive any automobile, truck or other vehicle for commercial or
business advertising, using a sound device or apparatus. The use of any person,
trade, business or corporate name for business advertising shall be presumptive
evidence that such advertising was conducted by that person, trade, business
or corporation.
Any person who shall violate any of the provisions of this chapter shall
be guilty of a violation and shall be punishable by a fine of not more than
$250 or imprisonment for not more than 15 days, or both. This chapter shall
be administered and enforced by the Code Enforcement Officer of the Town of
Tully.
